IN THE MATTER OF EDWARD MITCHELL V ANTHONY ANNUCCI, ACTING COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF CORRECTIONS
Motion No: CA 21-00069
Slip Opinion No: 2021 NY Slip Op 67224(U)
Decided on June 3, 2021
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


June 3, 2021

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

CA 21-00069

IN THE MATTER OF EDWARD MITCHELL, PETITIONER-APPELLANT,

V

ANTHONY ANNUCCI, ACTING COMMISSIONER OF THE NEW YORK STATE

DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,

RESPONDENT-RESPONDENT.

Index No: 814674/2019


Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court, Erie County, entered December 8, 2020,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied, with leave to renew upon the filing and service of a new motion that includes, among other things, an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR 1101 [a]; 22 NYCRR 1250.4 [d] [2] [i]).

Entered: June 3, 2021

Mark W. Bennett

Clerk of the Court